Madison, WI Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Governing section
- MGO § 28.151(k), Tourist Rooming House
- Max occupancy
- Lesser of 2× bedrooms or 12
- Children under 12
- Excluded from occupancy count
- Underlying permit
- TRH Permit, Sec. 9.29, MGO
- Penalty
- $1–$1,000 forfeiture, § 28.207(1)
Summary
Madison caps how many guests a licensed Tourist Rooming House can sleep: Sec. 28.151(k), MGO limits maximum tourist occupancy to the lesser of two times the number of legal bedrooms or twelve people, and children under 12 don't count toward that cap. The limit sits on top of the City's separate TRH permitting and licensing requirements.
(a)The Tourist Rooming House shall have a valid Tourist Rooming House Permit from the City of Madison Zoning Administrator, as required by Sec. 9.29, MGO....(k)Maximum tourist occupancy shall not exceed the lesser of two times the number of legal bedrooms in the dwelling unit or twelve (12). Children under the age of 12 shall not count toward the maximum tourist occupancy.
Full Breakdown
Madison regulates short-term rentals as "Tourist Rooming Houses" under Sec. 151, MGO, and subsection (a) requires every TRH to hold a valid Tourist Rooming House Permit from the City of Madison Zoning Administrator, issued under Sec. 29, MGO, before it can operate at all. " The section carves out one exception to how that number is counted, children under the age of 12 do not count toward the maximum tourist occupancy, so a family with young children doesn't push a TRH over its cap the way an equivalent number of adult guests would.
The occupancy rule works alongside Madison's broader TRH enforcement tools: subsection (l) lets City staff inspect a TRH with 48 hours' written notice (or immediately if there's probable cause of a violation), and subsection (m) requires an on-site registry recording guest names, contact information, and stay dates for the current and prior registry year. A three-bedroom TRH, for example, is capped at six tourist occupants under the two-times-bedrooms formula, while a studio or one-bedroom unit is effectively capped lower under the same formula before hitting the 12-person ceiling.
Violations & Fines
Exceeding the occupancy formula in Sec. 28.151(k), MGO, more guests than the lesser of two times the legal bedroom count or twelve, violates Chapter 28. Sec. 28.207(1), MGO subjects any such violation to a forfeiture of not less than $1 and not more than $1,000 upon conviction, and City staff can document overcounts during an inspection conducted under subsection (l)'s 48-hour-notice provision.
Frequently Asked Questions
How many guests can stay at a Madison short-term rental?
Do young children count toward the occupancy limit?
Is the occupancy cap separate from Madison's TRH permit requirement?
Sources & Official References
Other rules in Madison
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Occupancy Limits in Nearby Cities
How other cities in Dane County handle occupancy limits.